Does litigation privilege apply to third party opinions?
British Columbia, Canada
The following excerpt is from Grigor v. Johal, 2008 BCSC 1823 (CanLII):
Although there is an exception to the litigation privilege extended to third party opinions, the circumstances to which that exception apply do not exist in this case. Specifically, to fall within the exception, "the party seeking to examine the expert must demonstrate that he is unable to obtain the facts and opinions on the same subject by other means": Azuma Foods, at para. 138, quoting with approval Sinclair v. March, 2002 BCCA 65, 97 B.C.L.R. (3d) 17.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does litigation privilege apply to communications between lawyers and third parties? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Is there an implied waiver of privilege where a party waives privilege but takes a position in relation to privileged materials that is inconsistent with maintaining privilege? (British Columbia, Canada)
Does solicitor-client privilege apply to litigation privilege? (British Columbia, Canada)
Can a party recover additional expert opinions from a third party? (British Columbia, Canada)
What is litigation privilege and what is the effect of litigation privilege on court-appointed and joint appointed experts? (British Columbia, Canada)
Does a waiver of privilege apply to settlement negotiations involving third parties? (British Columbia, Canada)
What is litigation privilege and what is the argument that litigation privilege means? (British Columbia, Canada)
Is a third party responsible for the costs of a plaintiff who alleges that one of the third parties has failed to draft specifications to clearly state that certain fireproofing is to be asbestos-free? (British Columbia, Canada)
Is a third party notice seeking contribution and indemnity from third party religious orders that were responsible for supervision and operation of residential schools? (British Columbia, Canada)
